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Respected Sir,
Good Afternoon . After a long time I am communicating with you.
Sir Sorry for bothering you again but I could not stop myself from writing to you since my inner impulse intuition , feeling, pressure urge forced me to write to you for asking your opinion.
Sir if you remember in the past I had communicated with you requesting for your opinion and comments regarding my case related to ONGC 577 term base employees case in which I was one of the involved person.
Recently we 577 term base ongc employees had filed a case at supreme court related to our seniority case and we got the judgement as below .The copy of the judgement is attached for your reference pl .
The last para of the supreme court judgement read as below .
I personally Request you to please tell me your opinion and comments on the below judgement passed by the honourable supreme court . Your understanding from the below wording pronounced by the honourable supreme court mentioned in the last para of the judgement in the attached judgement.
“On the facts of this case, therefore, we are of the view that the Corporation must treat the concerned workmen which includes 111 out of these 577 employees who have been regularized earlier, to be in regular employment on and from the date on which the industrial dispute was referred i.e. 21.12.2004 and accordingly grant all actual benefits from the said date till 01.04.2013”.
Regards
T V Sunil
Baroda
Gujarat
Mobile No 9904304243 / 8141365287

From India, New Delhi

Attached Files
File Type: pdf mainjudgement.pdf (70.8 KB, 17 views)

It is clearly mentioned that 577 employees are to be treated on par with the 111 regular employees with effect from 21.12.2004 and they should get all the benefits at par with the regular employees. Hope this would suffice.
From India, New Delhi
"On the facts of this case, therefore, we are of the view that the Corporation must treat the concerned workmen which includes 111 out of these 577 employees who have been regularized earlier, to be in regular employment on and from the date on which the industrial dispute was referred i.e. 21.12.2004 and accordingly grant all actual benefits from the said date till 01.04.2013”.
Here in the above judgement wording concerned workmen means what does that mean.
Ssince in the main case of 577 term base employees which was finalized by supreme court against Gujarat high court award dated 26/04/2013 where in the below direction was given by Honorable Gujarat High Court
In view of the fact that the workmen have already undergone the procedures of recruitment such as examinations and interviews and have been working with the respondent Corporation for years, their case deserves to be considered. However, it is pointed out that some of the employees have undergone fresh interview and were appointed on regular basis. In that view of the matter, in order to avoid any complication with regard to seniority and other aspects, interest of justice would be met by directing the respondent Corporation to treat the concerned workmen on regular employment with effect from 24.01.2005 or the date of first reissuance of appointment orderas the case may be, and accordingly grant notional benefits from the said date till 31.03.2013 and to pay them regular pay and allowances with effect from 01.04.2013. Accordingly, the following directions are issued
: [i] The concerned workmen involved in these cases are not required to undergo any more recruitment examinations since they have been appointed after following necessary procedure and are working with the corporation since then.
[ii] The respondent Corporation shall treat the concerned workmen on regular employment with effect from 24.01.2005 or the date of first reissuance of appointment order as the case may be.
[iii] Accordingly the respondent Corporation shall grant notional benefits to the concerned workmen from the said date till 31.03.2013 and shall pay them regular pay and allowances with effect from 01.04.2013.
[iv] The direction of the Tribunal not to import recruitment from open market inviting fresh applications for the regular posts unless term appointees are given regular appointments of Class III and IV posts is quashed and set aside.
[v] It shall be open to the respondent Corporation to initiate action for recruitment for remaining vacancies, if any, after absorption of concerned workmen from open market. [vi] In case the regular salary is being paid to the concerned workmen pursuant to the interim order of this Court, no recovery thereof shall be effected by the Corporation.
16. The award of the Labour Court is modified accordingly. Special Civil Applications No. 2248 of 2012 and No. 2813 of 2012 are partly allowed. Rule is made absolute to the aforesaid extent with no order as to costs. Special Civil Application No. 16777 of 2012 is dismissed. Rule is discharged with no order as to costs. In view of the order passed in Special Civil Application No. 2248 & 2813 of 2012, no orders are required to be passed in Civil Application No. 14144 of 2012 and the same is accordingly disposed of.”
As per above judgement ONGC has regularized only 518 employees against 577 employees leaving 58 out due to death resignation termination absentees etc.
For getting financial benefits and seniority issues from our date of our initial joining we 577 had filed a case at supreme court during 2016 where in supreme court had pronounced the judgement on 13/02/2020 as above mentioned, in which the supreme court have mentioned concerned workmen instead of mentioning the number of employees weather it is 518 or the total 577 which is creating confusion and ambiguity and where by ONGC will take undue advantage / benefit of this little confusion prevailing leaving again the 58 employees devoid of the benefit which they are legally and lawfully authorized to get the benefit. .
regards
sunil .
My question is in the above wording of supreme court that is "concerned workmen" does that points to 518 concerned workmen who have been regularized earlier as per Gujarat high court order dated 26/04/2013 or the concerned means the total 577 employees as you have replied.

From India, New Delhi
Dear sir pl find the gujarat high court order dated 26/04/2013 for your perusal connected to my previous thread. regardss sunil
From India, New Delhi

Attached Files
File Type: pdf GujaratHighcourtaward26042013.pdf (376.7 KB, 7 views)

sir
but during the deliberation of seniority case at supreme court ongc did not declared at supreme court that 58 employees have not been given benefit of Gujarat high court order dated 26/04/2013 . but then why supreme court in its judgement dated 13/02/2020 has declared as below specifically pointing 111 employees but did not mentioned 577 total but declared concerned employees instead of mentioning the number of employees whether it is 518 or 577 which is creating unwanted confusion ,
"On the facts of this case, therefore, we are of the view that the Corporation must treat the concerned workmen which includes 111 out of these 577 employees who have been regularized earlier, to be in regular employment on and from the date on which the industrial dispute was referred i.e. 21.12.2004 and accordingly grant all actual benefits from the said date till 01.04.2013”.
regardss
sunil

From India, New Delhi
Sir
I would appreciate if some reply is given to my queries for which this platform has been formed for getting suitable opinions , comments, guidance and direction from the HR and Legal Professionals and Sr Government official who are the members of this platform I suppose if I am not wrong.
pl respond.
regards
sunil

From India, New Delhi
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